The Duke of Sussex -v- Associated Newspapers Limited (vacation order)

High CourtKing's Bench DivisionMedia and Communications ListJudgment

Claim Number: QB-2022-000595

In The High Court Of Justice
King’s Bench Division
Media And Communications List

11 December 2023

Before:
The Honourable Mr Justice Nicklin

Between:
The Duke Of Sussex
-v-
Associated Newspapers Limited

Order

UPON APPICATION by the Claimant by Application Notice dated 21 November 2022 seeking summary judgment on his claim against the Defendant and/or striking out of the defence of honest opinion from the Defence, on the grounds that the defence has no real prospect of success and there is no other reason why the disposal of the issue should await trial (“the Summary Judgment Application”)

AND UPON the Court having heard the Summary Judgment Application at a hearing on 17 March 2023 and reserved judgment

AND UPON the Court handing down judgment on 8 December 2023 ([2023] EWHC 3120 (KB)) (“the Judgment”) and, by Order of 5 December 2023 fixing a hearing for argument on the orders to be made consequent upon the Judgment (“the Hearing”)

AND UPON the parties having submitted to the Court an agreed order in Paragraphs 1-4 below

WITHOUT A HEARING IT IS ORDERED that:

  1. The Summary Judgment Application is dismissed.
  2. The Claimant must pay the Defendant’s costs of the Summary Judgment Application, such costs to be the subject of a detailed assessment if not agreed.
  3. The Claimant shall pay the Defendant £48,447 on account of the costs’ order in Paragraph 2 above by 4.30pm on 29 December 2023.
  4. Paragraph 8 of the Order of Senior Master Fontaine dated 8 December 2022 be varied as follows:
    “The claim to be tried in a trial window between 17 May 2024 and 31 July 2024. London
    Judge alone (in the Media & Communications List) Category B
    Time estimate: 3-4 days (including 1 day pre-reading)”
  5. A Pre-Trial Review will be fixed before a Judge of the Media & Communications List, with a time estimate of ½ day, between 6-8 weeks before the Trial.
  6. By 4.30pm on 18 December 2023, the parties must contact the Clerk of the Lists to fix the Trial and the PTR
  7. The Hearing is vacated.

11 December 2023